Mahfooz Hussain vs State of Uttarakhand and Others

Hon''ble Prafulla C. Pant, J.—The revisionist has challenged the order dated 21.04.2011, passed by Sessions Judge, Champawat, in Criminal Appeal No. 24 of 2010, whereby the application of the appellant/applicant moved before the appellate court for adducing additional evidence, has been rejected. Brief facts, of the case, are that the appellant/revisionist was an accused who stood the trial in respect of offences punishable u/s 279 IPC, and u/s 304A IPC, in which he was convicted by the trial court. His appeal is pending before the Sessions Judge. From the impugned order it appears that the prosecution adduced its evidence whereafter from the side of defence, the defence evidence was adduced as such, the appellate court refused to allow the appellant to adduce further evidence at the appellate stage.

Powers u/s 391 Cr.P.C., are to be exercised by the appellate court in exceptional circumstances. In the present case, the appellant/revisionist has pleaded that Man Singh (deceased) was in a drunken state, as observed by the Medical Officer, Tanakpur, in his report dated 16.09.2008 at 9.30 p.m. It is discretionary for the appellate court to allow or not to allow the application moved by the appellant at the appellate stage u/s 391 Cr.P.C., but in the present case, it is a relevant fact to be considered whether the deceased was in a drunken state or not at the time of the alleged accident. In the above circumstances, this revision is summarily dismissed with the observation that at the time of final hearing the appellate court shall consider the plea of the appellant relating to the fact whether the deceased was in a drunken state (at the time of the alleged accident) or not. (Stay application no. 459 of 2011, also stands dismissed).